When contemplating the end of a relationship, many couples may consider pursuing a divorce for legal resolution. However, the situation becomes more complex if the couple has children together but were never formally married. In such cases, the process of separation requires careful consideration.
Fortunately, in New Hampshire, it is indeed possible to obtain a divorce even if the couple was not married, but certain requirements must be satisfied to navigate this unique circumstance effectively.
Requirements for Divorce Without Marriage
New Hampshire recognizes the concept of "parentage" for couples who share children but never formalized their union through marriage. Under this legal framework, once the father’s paternity is acknowledged or established, the court has the authority to grant parental rights and responsibilities, which encompass custody, parenting time, and child support arrangements.
To pursue a divorce without marriage, the following criteria must be met:
Establishing Paternity
If the child’s father’s name is not listed on the birth certificate, it is essential to establish the paternity before the court can proceed with determining custody and child support matters. This can be achieved by submitting a voluntary acknowledgment of paternity form or by obtaining a court-issued order to that effect.
Residency Requirements
New Hampshire mandates that at least one party must be a resident of the state for a minimum of one year before filing for divorce. However, if the couple has been living apart for two years or more, either party is eligible to file for divorce irrespective of residency.
Grounds for Divorce
New Hampshire follows the "no-fault" divorce principle, which means that the court does not consider assigning blame to either partner for the deterioration of the relationship. Instead, grounds for divorce can be based on irreconcilable differences or the parties reaching an irretrievable breakdown.
Child Custody and Support During Divorce
In cases where a divorce without marriage is pursued, the court takes the best interests of the child into account when making determinations regarding custody and parenting time. Moreover, the court has the authority to order one parent to pay child support to the other.
When calculating the amount of child support, New Hampshire utilizes the Child Support Guidelines, which factor in the income of both parents, the number of children involved, and the time each parent spends with the child.
It is important to note that both parents retain the right to challenge the court’s decision regarding child custody, parenting time, and child support, ensuring that their concerns are duly addressed and considered.
Conclusion
Navigating a divorce without marriage can prove to be a complex and emotionally challenging process, particularly when children are involved. However, individuals residing in New Hampshire can take solace in the fact that divorce is attainable and issues pertaining to child custody and support can be resolved. If you find yourself contemplating a divorce without marriage, it is of utmost importance to seek guidance from an experienced family law attorney who can provide the necessary expertise and support throughout the process.